City of San Jose et al v. Office of the Commissioner of Baseball et al

Filing 26

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS PLAINTIFFS COMPLAINT re 25 filed by Office of the Commissioner of Baseball, Allan Huber "Bud" Selig. (Attachments: # 1 Exhibit-A, # 2 Exhibit-B, # 3 Exhibit-C, # 4 Exhibit-D, # 5 Exhibit-E, # 6 (Proposed) Order) (Keker, John) (Filed on 8/7/2013) Text modified on 8/7/2013 (fff, COURT STAFF).

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KEKER & VAN NEST LLP
JOHN KEKER - # 49092
[e-mail]
PAULA L. BLIZZARD - # 207920
[e-mail]
THOMAS E. GORMAN - # 279409
[e-mail]
633 Battery Street
San Francisco, CA 94111-1809
Telephone:
415 391 5400
Facsimile:
415 397 7188
PROSKAUER ROSE LLP
BRADLEY I. RUSKIN (pro hac vice)
[e-mail]
Eleven Times Square
New York, NY 10036
Telephone:
212-969-3000
Facsimile:
212-969-2900
PROSKAUER ROSE LLP
SCOTT P. COOPER (SBN 96905)
[e-mail]
SARAH KROLL-ROSENBAUM (SBN 272358)
[e-mail]
JENNIFER L. ROCHE (SBN 254538)
[e-mail]
SHAWN S. LEDINGHAM, JR. (SBN 275268)
[e-mail]
2049 Century Park East, 32nd Floor
Los Angeles, CA 90067-3206
Telephone:
310-557-2900
Facsimile:
310-557-2193
Attorneys for Defendants
OFFICE OF THE COMMISSIONER OF BASEBALL,
an unincorporated association doing business as Major League
Baseball; and ALLAN HUBER “BUD” SELIG

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA / SAN JOSE DIVISION

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CITY OF SAN JOSÉ; CITY OF SAN JOSÉ
AS SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE
CITY OF SAN JOSÉ; and THE SAN JOSÉ
DIRIDON DEVELOPMENT AUTHORITY,

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Plaintiffs,

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[PROPOSED] ORDER GRANTING
DEFENDANTS’ REQUEST FOR
JUDICIAL NOTICE IN SUPPORT OF
MOTION TO DISMISS PLAINTIFFS’
COMPLAINT

v.
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Case No. 13-CV-02787-RMW

Hearing Date: October 4, 2013
OFFICE OF THE COMMISSIONER OF
BASEBALL, an unincorporated association
doing business as Major League Baseball; and
ALLAN HUBER “BUD” SELIG,

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Judge:
Date Filed:
Trial Date:

Hon. Ronald M. Whyte
June 18, 2013
None Set

Defendants.
[PROPOSED] ORDER GRANTING DEFTS.’ REQUEST FOR JUDICIAL NOTICE ISO MOTION TO DISMISS
Case No. 13-CV-02787-RMW
773821

THIS MATTER having come before the Court on Defendants Office of the Commissioner of

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Baseball and Allan Huber “Bud” Selig’s (“Defendants”) Request for Judicial Notice in Support of

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Defendants’ Motion to Dismiss Plaintiffs’ Complaint (the “Request”), and having considered the

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relevant papers and pleadings on file, and good cause appearing,
THE COURT HEREBY GRANTS Defendants’ Request for Judicial Notice and takes

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judicial notice of the following documents:
A. San José City Council Resolution 74908, adopted May 12, 2009 (“2009 City Council

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Resolution”), attached as Exhibit A to the Request;

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B. Excerpts from the record of the 1982 hearings before the Senate Judiciary Committee on

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Professional Sports Antitrust Immunity, 97th Cong., Serial No. J-97-134, attached as

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Exhibit B to the Request;

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C. The October 29, 1997 Report of the Senate Judiciary Committee on the Curt Flood Act

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(bill S. 53, later enrolled as 15 U.S.C. § 26B), S. Rep. 105-118, attached as Exhibit C to

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the Request;
D. The California State Controller’s March 2013 Review Report entitled “Redevelopment

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Agency of the City of San Jose: Asset Transfer Review January 1, 2011, through January

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31, 2012” (“Controller’s Report”), attached as Exhibit D to the Request; and
E. A memorandum of the San José City Manager and San José Redevelopment Agency

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Executive Director bearing the subject line “Option Agreement for Sale of Property to

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Athletics Investment Group, LLC,” dated October 24, 2011 (“October 2011

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Memorandum”), attached as Exhibit E to the Request.

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IT IS SO ORDERED.

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Dated: _________________, 2013

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____________________________
Hon. Ronald M. Whyte
United States District Judge

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[PROPOSED] ORDER GRANTING DEFTS.’ REQUEST FOR JUDICIAL NOTICE ISO MOTION TO DISMISS
Case No. 13-CV-02787-RMW
773821